1. The judgment of the court of first instance is modified as follows.

The Defendant’s gift tax on May 2, 2017 against Plaintiff A on May 2, 20151,092.

1. Details of the disposition;

A. E owned 102,089m2 (hereinafter “the previous land of this case”) in Yacheon-si designated as a development restriction zone, and the Plaintiffs are the children of E and their spouses.

B. On November 4, 2014, E donated each of the instant previous land by dividing 16,350 square meters (hereinafter “instant land”) to the Plaintiffs by 4,087.5 square meters under the J-area 16,350 square meters of the instant provisional partition map (hereinafter “instant provisional partition map”). On November 14, 2014, the Plaintiffs completed each of the instant previous land transfer registration on November 4, 2014 with respect to 4,087.5 square meters of each of the instant previous land on the ground of donation on November 4, 2014.

[Provisional Division of the previous land of this case]

C. On February 28, 2015, when filing a return on the gift tax base of the instant land with the Defendant on February 28, 2015, the Plaintiffs assessed the gift tax as KRW 781,530,00 (=16,350 square meters x 47,800 square meters x 47,800 (land price per square meter) based on the market price publicly assessed individual land price of the instant land in accordance with the supplementary assessment method stipulated in Articles 60(3) and 61(1)1 of the former Inheritance Tax and Gift Tax Act (amended by Act No. 13557, Dec. 15, 2015; hereinafter “former Inheritance Tax Act”).

On the other hand, on November 17, 2014, the Defendant confirmed on the market price of the instant land, which was 110,000,000 won [176,378 won per square meter = 110,00,000 won per square meter ¡À6,000 won per square meter ±623.66,00 won per square meter; hereinafter the same shall apply] as the price of the instant land, which was 176,378 won per square meter per transaction value of the instant land, among the previous land in this case, divided into H by the instant provisional partition map, and determined that the instant land was market price.

E. Thereafter, the Defendant: (a) on May 2, 2017, KRW 151,092,640 (including additional taxes); (b) on the Plaintiff B, KRW 156,659,410 (including additional taxes); and (c) on the Plaintiff B, the Plaintiff.